Family Medical Leave Act

The Family Medical Leave Act (FMLA) of 1993 enables eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

To be eligible for FMLA benefits, an employee must:

Have worked for the employer for at least 12 months

Have at least 1,250 regular hours of service for the employer during the 12-month period immediately preceding the leave

Under FMLA, an employee is entitled to:

Twelve work-weeks of leave in a 12-month period for:

the birth of a child and to care for a newborn child within one year of birth;

the placement of a child for adoption or foster care and to care for the newly placed child within one year of placement;

care for an employee’s spouse, child, or parent who has a serious health condition;

a serious health condition that makes an employee unable to perform the essential functions of their job;

any qualifying exigency arising out of the fact that an employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Other Considerations

An employee must request FMLA 30 days in advance when the need for leave is foreseeable. When the need for leave is foreseeable less than 30 days in advance or is unforeseeable, an employee must provide notice as soon as possible and practicable under the circumstance. An employee must complete an Application for Leave under FMLA and any corresponding FMLA certification forms to support the leave. If FMLA is for an employee’s serious health condition, a corresponding Form DB-450 must also be provided for Short-term disability benefits.